1. (a) An informal dispute resolution (IDR) shall not be an option for any applicant or licensee against whom the department has initiated a fine, a conditional license, or action to suspend, revoke, deny, or refuse to issue or renew a license or permit.
2. (b) An opportunity for IDR shall be available to the licensee who disagrees with a citation issued by the department, per RSA 170-E:10-a.

3. (c) When requesting an IDR, the licensee shall:

   1. (1) Submit a written notice to the department requesting an IDR no later than 14 days from the date of issuance of the statement of findings; and
   2. (2) Include in the notice the reason why the licensee believes that the citation was issued erroneously as noted in the statement of findings.
4. (d) In accordance with RSA 170-E:10-a, written notice of the department’s decision to uphold, remove, or revise the citation shall be provided to the licensee within 30 days from receipt of the request and receipt of all information from the applicant or licensee.
5. (e) Licensees may request an independent informal dispute resolution (IIDR) after requesting an IDR and the outcome does not result in removal or revision of the disputed citation.
6. (f) When requesting an IIDR, the licensee shall submit a written request to the department no later than 10 days of receipt of the outcome of the IDR.
7. (g) The IIDR panel members shall include at least one member of the Child Care Advisory Council and no less than 3 licensed child care providers.
8. (h) The IIDR panel shall communicate its recommendations in writing to the department within 5 days of the IIDR review, which shall include each citation disputed and a detailed explanation for each recommendation.

9. (i) The unit shall review the recommendations and remove the citations if the following conditions are met:

   1. (1) The evidence presented at the IIDR existed prior to the citation being issued;
   2. (2) There is a preponderance of evidence that the non-compliance cited did not occur; and

   3. (3) The evidence presented creates a change in material fact(s) that results in a rescission or

      revision of a citation.

Source. #2664, eff 3-30-84, EXPIRED 3-30-90 New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.08); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 402.11); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35